Suit Dismissed Against Victim's Mom

A suit filed against a mother whose son was killed in a crash with an intoxicated Warren County prosecutor was voluntarily dismissed last month by an attorney for the prosecutor's estate.

Rebecca Engborg, whose son, Andrew, 5, died in the Jan. 11, 1995, crash, was named in a suit filed Jan. 9 by Leon Savetsky, acting for the estate of Gary Patrick Dundon. Engborg was sued for negligence and careless driving.

The suit can be refiled. None of the parties named in the suit was served with a summons, according to the notice filed Jan. 22.

Dundon was a passenger in a car driven by Warren County Deputy First Assistant Prosecutor Scott Smith, which crossed the center line on Route 57 in Warren County and into the path of Engborg's station wagon.

Smith and Dundon were killed, along with Andrew Engborg and a second passenger in the car, Susan Lynah, 41. Rebecca Engborg, her daughter Amanda and two others in the car were seriously hurt.

In addition to Engborg, the suit also named the Triple S Saloon, where Dundon and Smith spent several hours drinking on the afternoon of Jan. 11, according to the state attorney general's office.

Savetsky did not return several calls for comment.

"All of the witnesses' statements, all of the police reports and the conclusions from an investigation by the attorney general's office point to a clear picture of negligence on the part of (Scott Smith)," he said.